The release of firmware 3.21 for PlayStation 3 consoles on April 1st brought with it a lot of anger and upset. The reason being it removed the OtherOS functionality from the PS3 Fat rendering all installed copies of Linux unusable.

Since then we have seen at least one PS3 owner receive a partial refund due to the removed functionality. Sony has also rejected calls for further refunds stating that the PS3 is first and foremost a games console. Changes to the product’s design and specification are allowed without notice apparently, and the consumer license allows Sony to update the system when they want to.

Regardless of what Sony believes to be right there are still many upset PS3 owners out there. One has decided to take the next step and start a class-action lawsuit against the company.

Anthony Ventura filed the lawsuit in the North District of California against Sony Computer Entertainment America. It covers all PS3 consoles purchased between November 17, 2006 and March 27 2010, but we assume that is also limited to PS3 Fat models. The complaint focuses on the fact:

Sony’s decision to force users to disable the Other OS function was based on its own interest and was made at the expense of its customers.

The OtherOS feature is also stated as being of “extreme value” and that owners are being put in an unworkable position: don’t update your firmware to keep Linux but lose most other functionality, or update and lose Linux access.

Ventura wants everyone covered by the class-action to receive compensatory damages, restitution, injuctive relief, and for legal fees to be paid by Sony. A figure above $5 million has been mentioned.

If you have been following this news then you could tell a class-action would eventually happen. Sony has upset a number of people over this decision and some of them are willing to take action. Even hackers are taking notice and attempting/succeeding in re-enabling the OtherOS functionality.

Sony will defend itself, but I’m not sure it will win. Regardless of what Sony believes is right in the case of what the machine is primarily used for, and what constitutes a core feature, the PS3 did ship with Linux support. People may have bought it with that reason in mind and thought the price was worth it because the games console could also be used as a PC. In that sense the PS3 is worth less now because of that missing feature.

If Sony does lose the case then it could be paying out a lot of money. The guy who got a partial refund in the UK received $110 plus tax from Amazon. Times that by a few million and it makes the cost of those early loss-leading PS3 consoles even greater. If Sony has started making a profit on the PS3 hardware then this case will almost certainly wipe that out unless it wins.

Reader Comments

This kind of stuff is why I haven’t bought anything from Sony in a long time. They simply hate their customers.

Moon

Agreed. Here’s a good rule of thumb: if you want others to treat you with disdain, treat them with disdain. It’s true of individual relationships, and it’s true of business relationships.

It’s an oh-so-obvious rule, but one Sony has forgotten more than once. How many times will it take, I wonder?

Jon Hoffman

Well, to their credit, Sony is certainly not the only major company you could say treats their customers poorly, at times. Sony, Microsoft, Apple, etc… they all put customer needs/priorities behind profits. For them, it is just a question of “how many” customers or “how upset” will the customers be. In this case, Sony may have miscalculated the backlash they would get.

Holmes108

It wouldn’t even surprise me if Sony ended up being in the legal right, regarding updating their software, but it still doesn’t mean it was the “right” thing to do.

If they are in the right, all the power to them, but it’s looking to be a bad business move. Particualrly after they struggled so hard to gain footing early in the systems life… Just when they seem to be doing well, they go and do something silly like this.

Moon

I agree with you, Jon. Sony deserves its place among the likes of Microsoft and Apple.

I certainly don’t believe that business is intrinsically “evil.” There are hundreds (thousands!) of American businesses that provide a service or a product for a fair price, and consequently make a profit, as is natural and normal. The same is naturally true of businesses in other countries (though I am less familiar there).

But some businesses treat their customer base with exceptional contempt, and the three companies you referenced in your post qualify. Sony, Microsoft, AND Apple. In the last 10 days alone, I’ve seen ample evidence to condemn each of these three on that basis.

Decidedly. Though I am happy to consider evidence to the contrary, if any poster here is able to provide some.

Barm

Actually, I think Sony is improving. Sony previously claimed that ripping a purchased CD to put the music onto your MP3 player is stealing. At least they aren’t claiming that all people that run linux on their PS3’s are criminals this time around, and are more subtly just trying to disable the feature. Kudos to Sony. Give them another decade, and maybe they’ll even consider treating their customers with respect? Boycott Sony until then!

Mr k

I think sony has the right to stop hack stealing your money and your nametags and your home stuff!

http://www.imsickofthis.net imsickofthis.net

I’m a bit shocked that they haven’t backtracked on this already and released a new patch. It’s amazing to me that these companies are so concerned with piracy that they end up treating their real customers so poorly. Let’s face it, if people do not want to pay for a game they are going to find a way to pirate it, it doesn’t matter what a company does to try to stop them…

Snap_bux

I wouldn’t question customer service by these people, to be honest, as a customer service representative, I’ve found alot of them are stupid and incapable of following directions…. I myself did, I used all my tools and solved everyone of my customer’s problems, but it was always to the expense of someone else’s mistake. So I would never put customer service on my top list, those people, like everyone else are human, and lets face it, humans are lazy and don’t want to do things right. I did things right, but I was one out of thousands of customer service reps, and customer service reps are the most sought after and most likely hiring all the time, but why? The answer is simple, the company kicks out as many employees as they hire in, every company goes through this, and why again? Because those people you call that don’t care or don’t help you, they don’t want them, it’s hard to find a good worker out there that wants to follow the rules and do things the right way for the customer, everyone else is just looking for a paycheck and they don’t want to do the real work to get it :(